A SEABERY SOLUTION

COMPLIANCE

Privacy Policy

1. Introduction

The right to privacy and, in particular, the right to personal data protection is one of the basic principles of the companies that compose the Seabery Augmented Technology SL group (henceforth “Seabery”) with registered offices at Doctor Emilio Haya Prats Street, 13, 21005, Huelva, Spain, and it is included in its Ethics Code.

The purpose of this General Privacy Policy (henceforth, “the Policy”) is to explain the way Seabery will use the personal information that may be collected through the site https://www.seaberyat.com/ (the “Website”), our personal data protection policy and it is provided with the information required by the regulations applicable to the Services of the Information Society and Electronic Commerce, and in accordance with that information you may voluntarily decide to what extent you wish to provide your personal data.

Your personal data will be treated as strictly confidential, and only for the purposes you agreed to, as explained below and detailed in each specific privacy policies of each form, as the case may be.

2. Scope of the Policy

This Policy applies only to this Website, and not to websites owned by third parties. From this Website, Seabery may provide links to other websites that it considers of interest to its visitors. Seabery wants to ensure that these sites maintain the highest standards of protection.

However, given the natures of the Internet, Seabery cannot guarantee the privacy levels of such web sites, nor be responsible for the contents of the websites outside the Seabery property. This Policy is not intended to be applied to any non-group site linked to by Seabery.

3. Commitment to privacy

Seabery is fully committed to regulatory compliance, specially to the EU GDPR, and the regulations related to the protection of personal data in force at any given time.
For this reason, Seabery has implemented these principles, being privacy the basis for them:

  • Transparency in data treatment is one of Seabery’s priorities, that is why, every time personal data is needed, the user will be properly informed thanks to the applicable privacy policy, including, among other aspects, the objective of the given processing.
  • The processing of the personal data strictly necessary to provide the service requested, if any.
  • The accessibility and proactivity, whenever possible, to provide you with simple means to control your personal data.
  • The non-transfer of your personal data to third parties, with the exception of Seabery’s suppliers, or to those that Seabery previously informed and received consent to.
  • The confidentiality of the personal data collected and processed by Seabery, guaranteeing the adoption of the proper security measures for their protection.

4. Controller

“Seabery Augmented Technology, S.L.”, company based in Huelva, Spain, Doctor Emilio Haya Prats Street, 13, 21005, with Tax number B-21.568.878 (onwards, the “Company”) is the controller of the personal data.

If you have any questions regarding the processing of your personal data, you can contact the Company through the following channels:

(i) Email to the following address protecciondedatos@seaberyat.com

(ii) Postal mail addressed to Seabery, C / Doctor Emilio Haya Prats, 13 21005, Huelva (Spain).

5. Purposes of the processing

The Company gathers user’s personal data provided through the forms available on the Website, via e-mail or in the communications of the users by other means, in order to process their requests and provide services and products that may be of their interest. The Company and the other companies that compose Seabery group process these personal data for the following purposes:

a) Attend to the enquiries, questions or requests made through the customer service or communication channels identified on the Website, and contact the user to resolve them.

b) Improve the Website, as well as the Company’s services and product in order to offer better services and contents.

c) Provide access to restricted areas of the Website (Registration may require the acceptance of a specific privacy policy).

d) Allow you to make purchases through the Website.

e) Conduct studies for statistical purposes.

f) Comply with tax obligations.

g) Process the guarantee of the products purchased from Seabery.

h) Comply with the current legal framework.

i) Manage the user’s data to send commercial information.

j) Collect, store and process his/her CV as well as the personal data included therein, with the aim of analysing your professional profile to involve the user in Seabery’s selection processes.

k) Send communications by e-mail and/or telephone and/or postcards in the personal selection process by Seabery.

l) Asses their ability to perform a job by carrying out specific tests that will be communicated to them in due course.

You are also informed that no profiles or segmentations will be created, and that no automated decisions will be made about the data provided by users.

In the hypothetical case that you provide your data through an e-mail message, it will form part of a data processing whose purpose will be the management of the request, suggestion or comment that you make to us.

6. Personal data categories

Seabery will only collect personal data that you voluntarily wish to disclose and, in accordance with current legislation on data protection, as well as on information society and e-commerce services, will inform you that such personal data provided at the time of registration, or any other data provided to Seabery for access to any of the services on the Website, will be incorporated into files owned by Seabery.

The categories and/or kinds of personal data processed by Seabery are those directly provided by the data subject, owner of such data. Particularly, the data that Seabery could request from you are the followings:

  • Identification data/strong> Information concerning a natural person that allows to differentiate it from others in a community, such as: name; handwritten and electronic signature; tax identification number; place and date of birth; nationality; photography; age.
  • Contact information Information that allows you to keep in touch with its owner, such as: address; e-mail; landline phone; cell phone.
  • Data on physical characteristics. Information about a natural person relating to his or her physiognomy, anatomy, specific features or particularities, such as: measures necessary for the manufacture of the products.
  • Financial or patrimonial data. Information concerning a natural person relating to his or her assets, rights, charges or obligations subject to economic valuation, such as: bank accounts, credit card number, security number.

7. Legitimacy of the processing of your personal data: legal basis 

The legal bases for the processing of your data by Seabery are as follows:

a) In case users request for services and/or information, the legal basis is the legitimate interest of the Company in the correct management of the request for services and/or information made by users.

b) In case users send the CV through the forms available on the Website, with the aim of analyzing its professional profile to involve the users in Seabery’s selection processes, the legal basis is the express consent of the users given by click[1] in acceptance of the Policy required to send the CV.

b) In case users provide any data on physical characteristics or any other sensitive or specially protected data the legal basis is the express consent of the users. Consequently, Seabery DOES NOT process sensitive or specially protected data without express consent of the users, so if users provide such data to the Company and no express consent by the users has been granted, it will be destroyed immediately.

The processing of your personal data may sometimes be necessary to comply with certain legal obligations, or in relation to any contractual relationship that SEABERY may have with you.
In all other cases, and whenever appropriate, Seabery will request your consent to process your personal data.

8. Sending commercial communications. 

SEABERY, within the framework of its promotional activity, can provide resources for the registration or subscription to news or commercial information related to the Seabery Group. These resources will always be subject to your express consent to remit them.

In the event that you have expressly authorized it, Seabery will send you information about its products, activities and personalized services, according to your tastes and preferences. Likewise, and in the case, that you have also expressly consented to it, you may receive information related to the contests and / or draws of Seabery, as well as your events and corporate events close to your location.

You can revoke your consent to receive commercial communications at any time, through the link or button enabled for this purpose in each of the communications, or directly communicating your willingness to revoke the consent through the following channels:

(i)Email to the following address protecciondedatos@seaberyat.com
(ii) Postal mail addressed to Seabery, C / Doctor Emilio Haya Prats, 13 21005, Huelva (Spain).

9. Duration of processing and data retention period.

Seabery is committed to treating your personal data as long as it is really useful and necessary in order to provide you with a quality service by processing it. Therefore, SEABERY will make every reasonable and timely effort to minimize the processing and retention of your personal data.

The data will be conserved depending on the categories and/or kinds of personal data processed[2]:

a) General data: the data will be kept as long as the relationship with the users remains active, at least for a period of five (5) years since the last interaction and as long as no liability has been prescribed, during which time they will remain blocked.

b) Job seekers data: the data will be kept as long as the duration of the selection process for the job for which the users have applied, being able to keep them subsequently blocked for three (3) years.

In any case, and even if you request the deletion of your personal data, Seabery will have the right to keep and maintain them, under due blockade, during the necessary period to comply with the corresponding legal obligations, as well as to make them available to the competent authorities in the different subjects that are applicable.

10. Data communications

The Company may share personal data with its affiliates or with the service providers of Seabery in the systems and technology and administrative management sectors which may have access to the personal data of the users as part of the provision of services by such third parties to the Company and/or to the other companies that compose Seabery group.

The personal data of the users may be transferred to companies providing technological services and maintenance of Seabery’s systems located outside the European Union (“EU”). If you wish to know the countries where these companies are located, please write an email to the following address: info@seaberyat.com, and you will be provided with an updated list.

These transfers would be made on the basis of the subscription with such companies located outside the EU of standard data protection clauses adopted by the European Commission for international transfers as provided for in article 46.2 of the GDPR and/or to countries to which the European Commission considers that they offer adequate guarantees for the protection of your data. In case you would like to request a copy of these contractual clauses and/or the countries to which your data may be transferred, please contact the Company at the following email address to submit your request: info@seaberyat.com.

Your data will only be transferred or communicated when the Company and/or the other companies that compose Seabery group are legally required to do so by the competent authorities, including judges and courts or State security forces.

11. Exercise of rights and claims before the AEPD   

As a result of Seabery’s processing of your personal data, you have a number of rights under applicable law. Seabery provides you with a brief explanation of each right to facilitate your exercise:

a)      Right of access: You will have the right to know the personal data that are processed by Seabery, as well as the purposes of such processing.

b)     Right of rectification: Your data will always be yours, and as such, you can request the rectification of these at any time if the data that appear in Seabery’s records are erroneous.

c)      Right to delete: You may request, at any time, that your personal data be deleted from Seabery’s files. However, and as previously indicated, you should bear in mind that in certain circumstances, compliance with the current legislation may prevent the effective exercise of this right.

d)      Right to object: You may object to the processing of your personal data for any purpose for which we process your data, according to the privacy policies applicable in each case.

e)      Right to limit treatment: You may request the limitation of treatment in the following cases:

  • 1. When you consider that the information Seabery maintains about you is not correct or accurate;
  • 2. When you feel that Seabery is not treating your data legitimately, you prefer to limit the treatment of your data to its deletion;
  • 3. When the data that Seabery maintains is no longer needed for the purpose for which it was collected, but you need to keep it to file legal claims;
  • 4.When, having exercised the right of opposition to any treatment, it is pending a response from Seabery.

f)      Right to data portability:

You have the right, whenever technically possible and reasonable, to request that the personal data you have provided directly be communicated to another data controller. If this is not possible, Seabery will provide your data directly to that other data controller, but if it is not possible, Seabery will provide it to you in a standard format.

If Seabery processes your personal data with your express consent, you may revoke it at any time, without any consequences for you beyond the fact that we may not be able to provide you with certain services in accordance with the law in force.

You may exercise your rights by contacting Seabery through one of the following means, together with a copy of your ID card or equivalent identification document:

(i) By e-mail to the following address: protecciondedatos@seaberyat.com
(ii) Postal mail addressed to Seabery, C/Doctor Emilio Haya Prats, 13 21005, Huelva (Spain).

If you do not wish to exercise a specific right, but need to make a query or suggestion regarding the processing of your personal data, you may also contact the addresses provided for the exercise of the rights.

Please note that, in any case, you may file a claim to the Competent Authority if you believe that Seabery has not treated your data lawfully or has not properly handled your requests or rights. In Spain, this Competent Authority is the Spanish Agency of data protection.

12. Confidentiality and Security in processing these data

Your personal data is very important to Seabery, so we are committed to treating it with the utmost confidentiality and discretion, as well as to implementing all the security measures that it deems appropriate and reasonable.

In this regard, Seabery declares and guarantees that it has established all the technical means at its disposal to prevent the loss, misuse, alteration, unauthorized access and theft of the data provided by users. Seabery also constantly reviews its security measures to ensure that they are always up to date.

13. Social Media 

Social Networks are part of the everyday lives of many Internet users, and for this reason, it has been created different Seabery profiles on them.

All users have the opportunity to join the pages or groups that Seabery has on different social networks.

Please note, however, that unless we request your data directly from you (e.g. through marketing actions, contests, promotions, or any other valid means), your data will belong to the relevant Social Network.

Therefore, we recommend that you carefully read their terms of use and privacy policies, as well as make sure that you set your preferences regarding the processing of your data.

14.  Information Society Services

In compliance with the provisions of the article 10 of Law 34/2002, of 11 July, on Information Society Services and Electronic Commerce, you are provided with the following information:

a) Company name of information society service provider and Tax number: “Seabery Augmented Technology, S.L.” with Tax number B-21.568.878

b) Registration data: Registered in the Commercial Registry of Huelva in Volume 1.085, General Section of Companies Sheet number H-23.342, 1st Inscription.

c) Company address: Huelva, Spain, Doctor Emilio Haya Prats Street, 13, 21005.

d) E-mail address: protecciondedatos@seaberyat.com


ARCO-POL RIGHTS

The ARCO-POL rights are the rights that every citizen has recognized, in order to a correct protection of the personal data of which he is the owner. They are rights whose exercise is very personal, that is, they can only be exercised by the owner of the same.

To exercise ARCO-POL rights you must send a request to protecciondedatos@seaberyat.com. The applicant must include the following information in the mail:

  • Name and surname
  • Attach a copy of your ID card
  • Address for notification purposes

REQUESTING THE RIGHT OF ACCESS

The interested party should indicate:

To be provided free of charge the right of access by the data controller, within one month of receipt of the request, to the following information (choose the option to which you wish to have access):

  • Copy of my personal data that are subject to processing by that data controller.
  • The purposes of the processing as well as the categories of personal data to be processed.
  • The recipients or categories of recipients to whom my personal data has been or will be disclosed, including, where applicable, recipients in third parties or international organizations.
  • The expected conservation period, or if not possible, the criteria for determining this period.
  • The existence of the right to request the rectification, deletion or limitation of the processing of my personal data, or to oppose to such processing.
  • The right to file a complaint with a supervisory authority.
  • If my personal data has not been obtained directly from me, the information available about its origin.
  • If there are automated decisions, including profiling, meaningful information about the logic applied, as well as the significance and expected consequences of such processing.
  • Information on appropriate safeguards regarding the transfer of my data to a third country or an international organization, if applicable.

REQUEST FOR THE RIGHT OF RECTIFICATION

To exercise the right of rectification, the interested party must indicate that:

To proceed with the rectification of the personal data, to be carried out within a period of one month from the receipt of this request, and to be notified in writing of the result of the rectification carried out.

The interested party must include in the e-mail an attached sheet with the data to be corrected, indicating the correction to be made.

In the event that it is decided that the requested rectification is not appropriate, the applicant shall be notified, and may file a complaint with the corresponding supervisory authority.

Likewise, in the event that the personal data have been communicated by this data controller (Seabery Augmented Technology S.L.) to other data controllers, this rectification will be communicated to them.

REQUEST FOR THE RIGHT OF DELETION (“RIGHT TO BE FORGOTTEN”)

In this case, the interested party must request:

To proceed to agree to the deletion of your personal data within a period of one month from receipt of this request, and to be notified in writing of the result of the deletion practiced.

In the event that it is agreed that it is not appropriate to perform all or part of the requested deletion, the applicant will be informed and may complain to the corresponding supervisory authority.

Likewise, in case the personal data have been communicated by the responsible (Seabery Augmented Technology S.L.) to other data controllers, this deletion must be communicated.

REQUEST FOR THE RIGHT TO LIMITATION OF PROCESSING

To exercise this right, the interested party must:

Request to limit the processing of your personal data, taking into consideration one of the following options (choose the one that applies):

That the processing is unlawful and opposes its deletion.

– That the data controller no longer needs the data subject’s data for the purposes for which they were collected, but the data subject needs them for the formulation, exercise or defense of claims.

This request shall be complied with within one month, and this limitation shall be communicated to each of the recipients to whom the controller has communicated the data subject’s personal data.

REQUEST FOR THE RIGHT TO DATA PORTABILITY

The applicant must specify, whenever possible, the name of the data controller or company name, address, e-mail or postal address so that the data can be sent to another data controller and indicate that:

To be provided within one month with your personal data in a structured, commonly used and machine-readable format.

APPLICATION FOR THE RIGHT TO OBJECT

The interested party must apply:

The opposition to the processing of your personal data, within a period of one month from receipt of the request, taking into consideration that (choose one of the following options):

The processing of the data subject’s personal data is based on a public interest mission or on the exercise of public powers conferred on the data controller, and the processing of such data must be limited until a response is obtained from the exercise of this right.

– The processing of the data subject’s personal data is based on the satisfaction of legitimate interests pursued by the data controller or a third party, and the processing of such data must be limited until a response to the exercise of such right is obtained.

– The processing of personal data of the data subject is being carried out for scientific or historical research or statistical purposes.

It is up to the controller to prove compelling legitimate grounds overriding the interests, rights and freedoms of the data subject (in the first two cases), or a task carried out in the public interest (in the third case), but the data subject may also prove a personal situation to oppose the processing of his or her personal data, which must be included in the request.

REQUEST FOR THE RIGHT NOT TO BE SUBJECT TO INDIVIDUALIZED DECISIONS

The interested party must file a claim:

Not be subject to a decision based solely on automated processing, including profiling, which produces legal effects on him or her or significantly affects him or her in a similar way, in particular in the following respects:

That the necessary measures are taken to safeguard the rights and freedoms of the data subject, as well as his or her legitimate interests, the right to human intervention, and that he or she may present his or her point of view and challenge the decision, all in the event that the processing of his or her personal data is based on the conclusion or execution of a contract, or on his or her explicit consent.

The application will be processed within one month.


Cookies  Policy

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user — in the different devices the user can use to navigate— so that the server remembers certain information that will later be read only by the server that implemented it. Cookies make browsing easier, more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information regarding the preferences determined by the user during his or her visit to the website in order to recognize the user as a user, and to personalize his or her experience and use of the website, and may also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and after visiting the Website. However, no cookie is allowed to contact the user’s telephone number or any other means of personal contact. No cookie can extract information from the user’s hard drive or steal personal information. The only way for the user’s private information to become part of the cookie file is for the user to personally provide that information to the server.

Cookies that can be used to identify an individual are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the user’s consent will be required for the use of the same. This consent will be communicated, based on a genuine choice, offered by an affirmative and positive decision, prior to initial treatment, removable and documented.

Own Cookies

These are those cookies that are sent to the user’s computer or device and managed exclusively by www.seaberyat.com for the best functioning of the website. The information collected is used to improve the quality of the website and its content and user experience. These cookies allow the user to be recognized as a recurring visitor to the website and to adapt the content to offer content that suits his or her preferences.

The entity(ies) in charge of providing cookies may transfer this information to third parties, provided that it is required by law or that it is a third party that processes this information for such entities.

Social Network Cookies
www.seaberyat.com incorporates social network plugins, which allow access to them from the website. For this reason, social network cookies may be stored in the user’s browser. The owners of these social networks have their own data protection policies and cookies, and in each case are themselves responsible for their own files and privacy practices. The user must refer to them to be informed about these cookies and, if applicable, the processing of their personal data. For information purposes only, the links below provide links to these privacy policies and/or cookies:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/es/privacy
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

The user can disable, reject and delete the cookies – totally or partially – installed on his/her device through the configuration of his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the website, although you may have limited use of some of its features.

III.  ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the user has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy and Cookies, as well as accepting the processing of their personal data so that the Data Controller can proceed with it, during the periods and for the purposes indicated. The use of the Website implies the acceptance of the Privacy Policy and Cookies of the same.

www.seaberyat.com reserves the right to modify its Privacy Policy and Cookies, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy and Cookies will be explicitly notified to the user.

This Privacy and Cookie Policy was updated on 22 May 2018 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).

The application will be processed within one month.


Cookies  Policy

Access to this Website may involve the use of cookies. Cookies are small amounts of information that are stored in the browser used by each user — in the different devices the user can use to navigate— so that the server remembers certain information that will later be read only by the server that implemented it. Cookies make browsing easier, more user-friendly, and do not damage the navigation device.

Cookies are automatic procedures for collecting information regarding the preferences determined by the user during his or her visit to the website in order to recognize the user as a user, and to personalize his or her experience and use of the website, and may also, for example, help to identify and resolve errors.

The information collected through cookies may include the date and time of visits to the website, the pages viewed, the time spent on the website and the sites visited just before and after visiting the Website. However, no cookie is allowed to contact the user’s telephone number or any other means of personal contact. No cookie can extract information from the user’s hard drive or steal personal information. The only way for the user’s private information to become part of the cookie file is for the user to personally provide that information to the server.

Cookies that can be used to identify an individual are considered personal data. Therefore, the Privacy Policy described above will apply to them. In this sense, the user’s consent will be required for the use of the same. This consent will be communicated, based on a genuine choice, offered by an affirmative and positive decision, prior to initial treatment, removable and documented.

Own Cookies

These are those cookies that are sent to the user’s computer or device and managed exclusively by www.seaberyat.com for the best functioning of the website. The information collected is used to improve the quality of the website and its content and user experience. These cookies allow the user to be recognized as a recurring visitor to the website and to adapt the content to offer content that suits his or her preferences.

The entity(ies) in charge of providing cookies may transfer this information to third parties, provided that it is required by law or that it is a third party that processes this information for such entities.

Social Network Cookies
www.seaberyat.com incorporates social network plugins, which allow access to them from the website. For this reason, social network cookies may be stored in the user’s browser. The owners of these social networks have their own data protection policies and cookies, and in each case are themselves responsible for their own files and privacy practices. The user must refer to them to be informed about these cookies and, if applicable, the processing of their personal data. For information purposes only, the links below provide links to these privacy policies and/or cookies:
Facebook: https://www.facebook.com/policies/cookies/
Twitter: https://twitter.com/es/privacy
Pinterest: https://policy.pinterest.com/es/privacy-policy
LinkedIn: https://www.linkedin.com/legal/cookie-policy?trk=hp-cookies

Disable, reject and delete cookies

The user can disable, reject and delete the cookies – totally or partially – installed on his/her device through the configuration of his/her browser (among which are, for example, Chrome, Firefox, Safari, Explorer). In this regard, the procedures for rejecting and deleting cookies may differ from one Internet browser to another. Consequently, the User must refer to the instructions provided by the Internet browser he/she is using. In the event that you reject the use of cookies – in whole or in part – you may continue to use the website, although you may have limited use of some of its features.

III.  ACCEPTANCE AND CHANGES TO THIS PRIVACY POLICY

It is necessary that the user has read and agrees with the conditions on the protection of personal data contained in this Privacy Policy and Cookies, as well as accepting the processing of their personal data so that the Data Controller can proceed with it, during the periods and for the purposes indicated. The use of the Website implies the acceptance of the Privacy Policy and Cookies of the same.

www.seaberyat.com reserves the right to modify its Privacy Policy and Cookies, according to its own criteria, or motivated by a legislative, jurisprudential or doctrinal change of the Spanish Data Protection Agency. Changes or updates to this Privacy Policy and Cookies will be explicitly notified to the user.

This Privacy and Cookie Policy was updated on 22 May 2018 to comply with Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of individuals with regard to the processing of personal data and on the free movement of such data (RGPD).


CODE OF ETHICS FOR STRATEGIC STAKEHOLDERS

INTRODUCTION

The main persons familiar with this Compliance Manual are the “Strategic Stakeholders”, i.e.: Partners (resellers, official distributors, sales promoters or any other commercial intermediary or distributor), customers, suppliers, external collaborators and other persons or entities, both public and private, who are related to Seabery Augmented Technology S.L. or any of its subsidiaries (hereinafter SEABERY or Seabery Group) for professional or business reasons, and they must assume that, in professional or business relations with SEABERY, their conduct will not infringe the provisions herein.

Since SEABERY considers the aforementioned groups as “Strategic Stakeholders”, ithas established specific principles of action for them, essentially identical, in any case, to the principles and values identified with SEABERY and with its own Code of Ethics.

SEABERY’s Board of Directors has approved this Code of Ethics, which is applicable to all Seabery Group employees. This Code of Ethics includes the Seabery Group’s Tax Policy and Crime Prevention Policy against Fraud and Corruption, documents which are accessible through our website and which in their content make it clear that the Company is opposed to the commission of any unlawful act and promote a preventive culture based on the message of total opposition to fraud and corruption in all areas of the Company’s activity and in its relations with third parties, as is the case here.

It is imperative that this message is conveyed clearly and concisely to all those who interact with SEABERY, so that they formally commit to respect our ethical commitment, which is based on the human and labor rights recognized in national and international legislation: the United Nations Universal Declaration of Human Rights, the conventions of the International Labor Organization, the United Nations Convention against Corruption and the United Nations Environment Program.

All SEABERY’s stakeholders and employees must comply with the Code of Ethics and, likewise, all SEABERY’s Suppliers, its collaborators and employees (whether employed or commercially), and subcontractors are obliged to comply with the requirements set out in this document.

Given that SEABERY considers Suppliers and Partners as a strategic stakeholder, specific principles of action have been established for them, in accordance with the principles and values identified with SEABERY and with its own Code of Ethics.

PRINCIPLES OF ACTION

The principles of action on which this Crime Prevention and Detection Policy is based are as follows:

  • Pursue the highest standards of transparency, honesty and accountability by promoting zero tolerance for irregular and illegal actions.
  • Respect the current legislation applicable to the scope of its relationship with SEABERY.
  • Implement appropriate measures to prevent the commission of illegal acts by establishing control processes within the reach of employees, managers and governing bodies. These controls must be updated and continuous and aimed at avoiding the existence of any person not subject to them.
  • Inform the competent authorities of the alleged offenses, offering full cooperation in any subsequent investigations that may arise.

COMMITMENT TO HUMAN RIGHTS

  • Commitment to the inalienable objective of protecting workers’ rights.
  • Professionals must comply with applicable labor laws, avoiding at all times forced or underage labor.
  • Any conduct that could create an intimidating, offensive or hostile work environment is prohibited.
  • Respect for the differences and opinions of others must ­be encouraged, with the consequent prohibition of all types of harassment, discrimination, intimidation and offensive or improper conduct, including sexual proposals or suggestions, graphic material and other actions that may offend the dignity of the person.
  • Professionals have the right to organize, freedom of association, collective bargaining and strike.
  • Suppliers shall be responsible for ensuring that their own suppliers and subcontractors are subject to performance principles equivalent to those contained herein.

PREVENTION OF SEXUAL HARASSMENT AND HARASSMENT ON THE BASIS OF SEX

SEABERY declares its categorical rejection of any unwanted behavior of a sexual nature or connotation, committing itself to collaborate effectively and in good faith to prevent, detect, correct and sanction this type of conduct.

Thus, it is understood as sexual harassment:

  • Discriminatory comments or jokes about the employee’s appearance and sexual condition.
  • Any sexual assault.
  • Requests for sexual favors, including all those insinuations or attitudes associated with the improvement of working conditions.
  • Calls, letters or e-mails with sexual content.
  • Unnecessary physical contact, with rubbing.
  • Forcing an appointment outside the workplace, without any grounds whatsoever, when the superior takes advantage of his or her advantageous situation.
  • When non-consensual, sexually explicit photographs or images that affect sexual integrity are exhibited.
  • Any other behavior that seeks to discriminate and/or humiliate on the basis of sex.

PREVENTION OF CORRUPTION IN BUSINESS

By way of example, the following are considered prohibited practices:

  • Bribery/corruption: as a contribution that is directly or indirectly offered, promised or given to another person (whether an official or a private person or company) to convince him to act improperly, perform his duties improperly, compensate him for acting improperly or with the intention of influencing the performance of his duties and thus gain a personal advantage, an advantage in relation to the company or a regulatory or administrative advantage.
  • Extortion: as a demand for a bribe or payment, whether or not accompanied by a threat, in the face of a refusal to provide what is demanded. Any attempt of incitement or extortion shall be rejected by the parties, encouraging them to report such attempts through the reporting mechanisms, formal or informal, that are available.
  • Influence peddling: as the offering or solicitation of an undue advantage for the purpose of exerting an improper influence, real or supposed, over a public official or private agent, in order to obtain an undue benefit or advantage for the instigator or inciter of the act or for any other person.
  • Use of privileged information: access to this type of information must be controlled at all levels of the company and, in the event of having privileges to access it, refrain from using it for operations with the intention of generating commercial or industrial advantages.

GIFTS

The following rules shall be followed:

  • It is not permitted to solicit or receive gifts and hospitality, except when they are promotional materials or hospitality with acceptable and customary industry standards and practices and within the economic framework set forth below.
  • It is strictly forbidden to offer, deliver, request or accept a gift, courtesy, attention, invitation or act of hospitality to or from a third party with the purpose of influencing, obtaining, granting or granting an undue advantage considered as that situation in which the attention offered is intended or may be perceived as a desire to influence the company’s decision making regarding a business relationship, existing or under negotiation, or that generates a conflict of interest.
  • It is strictly forbidden to accept, request, offer or deliver a gift, courtesy, attention, invitation or act of hospitality to a person close or familiarly related to a person who has the power of decision to grant or maintain a contract, business or activity.
  • Gifts, hospitality, courtesies, invitations and acts of hospitality may be accepted or offered as long as they are reasonable and proportionate within the framework of a responsible business relationship that does not create confusion. In this sense, and in accordance with an objective criterion of determination, this code specifies amounts not exceeding 300 euros to be considered ethically reasonable gifts/greetings.

RESPECT FOR THE ENVIRONMENT

The following rules shall be followed:

  • All those familiar with this Compliance Manual, within the scope of their competencies, are actively and responsibly committed to the conservation of the environment, respecting legal requirements and carrying out their activities in a way that minimizes their environmental impact, following the recommendations and procedures established in the environment in which they operate.
  • Conservation and respect for the environment is manifested in compliance with best environmental practices in all its activities, a firm commitment against climate change, the promotion of energy saving, rationalization of water use and management, responsible use of resources, effective waste management, pollution prevention and protection of the natural environment and biodiversity, all through the prevention and minimization of adverse environmental impacts and the conservation of natural resources.

ETHICAL COMMUNICATION CHANNEL FOR STRATEGIC STAKEHOLDERS

SEABERY has created an Ethical Communication Channel through the following form: https://forms.office.com/r/9UkWixkLpX

This is a communication channel between SEABERY and its “Strategic Stakeholders” or their respective employees or subcontractors, as well as companies that have tendered for services or supplies, so that they can report any conduct that may involve an act contrary to the law or the provisions of this Code of Ethics for Strategic Stakeholders.

Strategic Stakeholders shall report as soon as possible any of the above conduct of which they become aware. In addition, they may use the mailbox to make inquiries about the interpretation of the Code of Ethics of Strategic Stakeholders in order to know SEABERY’s previous criteria.

The principles governing the Ethical Communication Channel are as follows:

  • Always comply with criteria of truthfulness and proportionality, and the Ethics Mailbox may not be used for purposes other than those foreseen, such as queries on the status of their bids in progress, etc.
  • The identity of the natural person who reports an irregular or anomalous action will be considered confidential information and therefore will not be communicated, under any circumstances, to the reported party, guaranteeing the confidentiality of the identity of the complainant and avoiding any type of response from the reported.
  • The data of the persons making the communication may be provided both to the administrative or judicial authorities, to the extent that they were required by such authorities as a result of any legal proceedings that may have been initiated as a result of the complaint. The provision of data, its storage and processing, will always be in strict compliance with the legislation in force, as well as the applicable regulations on personal data protection.

REGULATORY COMPLIANCE REQUIREMENTS

The Code of Ethics for Strategic Stakeholders shall form part of the contractual documentation and shall be included as part of the contractual documentation governing relations between SEABERY and the aforementioned groups.

SEABERY will require all “Strategic Stakeholders” to be aware of and strictly comply with this Code of Conduct, and will act in the event of non-compliance.

The “Strategic Stakeholders” must be expressly aware of this Code of Ethics and accept it in all the terms that apply to them according to their professional relationship under the terms agreed in their contract. If at any time they become aware of a breach of the terms of this Code by their employees, customers or suppliers, they are obliged to notify such breach by any means that provides a reliable record of such notice.

The “Strategic Stakeholders” are especially committed to the following points:

  • Assignments, Representations and Warranties: They shall at all times comply with the laws applicable to the services they provide to Seabery.  In no event and under no circumstances shall the “Strategic Stakeholders”, their officers, employees, shareholders, representatives or agents offer, give or agree to offer or give, directly or indirectly (whether on their own or in concert with others), whether in business transactions with the private sector or the public sector, any payment, gift or other advantage with respect to the subject matter of the services being provided to Seabery, that:
  • See any anti-corruption law or regulation applicable to either entity in any country in the world.
  • Intends to, or influences or rewards any person for acting in a manner that violates an expectation of good faith, fairness or trust, or that would otherwise be dishonest for the recipient to receive.
  • It is offered to a Public Official with the intention of influencing him/her and obtaining or retaining a commercial advantage during the development of commercial activities.
  • That could reasonably be considered unethical, illegal or dishonest, or could constitute an “Act of Corruption“. 

For the purpose of the foregoing, the term “Public Official” includes, without limitation, any person holding, or acting on behalf of a person holding, a legislative, administrative or judicial office, including any person employed by, or acting on behalf of, a public agency, a governmental or publicly owned entity, a public international organization, federal or regional government departments or agencies, political parties, candidates elected to political office or a relative or associate of any of these persons.

  • The “Strategic Stakeholders” corroborate that:
  • No court in any jurisdiction has found him guilty of having been involved in an act of corruption or similar conduct.
  • Has at no time admitted to having been involved in any act of corruption or similar conduct.
  • He has never been investigated or charged in any jurisdiction for having been involved in an Act of Corruption.
  • The “Strategic Stakeholders” corroborate that neither he nor his family members are:
  • Civil servants working in the Seabery sector.
  • Associates of a Client or potential client.
  • Persons who might otherwise exercise influence that could be considered corrupt or illegal on behalf of either Party.

The “Strategic Stakeholders” shall take all reasonable measures to ensure that their personnel are aware of the existence of this Code of Ethics in order to bring to their attention any irregular conduct that may constitute a crime in accordance with the legislation in force at any given time.

SEABERY reserves the right to carry out an audit of compliance with the contractual terms including accounting aspects either directly or through the appointment of a specially qualified third party designated by SEABERY. In particular, it undertakes to respect and enforce any confidentiality obligations it may have entered into with SEABERY.

Any manifest breach of the requirements set out in this Code of Ethics for Strategic Stakeholders entitles SEABERY to immediately terminate all contracts it has entered into with the company concerned. Likewise, if applicable, the affected company shall indemnify SEABERY and its direct and indirect shareholders, directors, officers and employees for any losses suffered, including civil or criminal penalties or fines imposed on any of the above, as a result of its non-compliance.

The Supplier shall at all times be kept abreast of changes and updates to the Supplier Code of Ethics to be published on the Company’s website.